SUIT FOR MONEY RECOVERY

IN THE COURT OF CITY CIVIL COURT SENIOR DIVISION , MUMBAI

Civil Suit No.: _______of 2014



(Under Order XXXVII of the Code of Civil Procedure 1908)



Date of Institution : 25.6.2014

Plaintiff :

Shri. Adi Godrej,
Proprietor, ABC & Sons.
Mumbai

Versus

Defendants
Shri.Birla Dalal
Partner, XYZ & Sons
Pune 411014

Suit for the recovery of Rs. 11,00,000 along with cost and interest @ 24% pa


PLAINT UNDER ORDER XXXVII OF THE CODE OF CIVIL PROCEDURE 1908 AS
MENTIONED IN THE SUIT

Respectfully Sheweth :

1. That the present suit is being filed under the specific provisions under Order XXXVII of the
Code of Civil Procedure, 1908.

2. That no relief, which does not fall within the ambit of this rule, has been claimed in the plaint.

3. That the plaintiff is in the business of manufacturing automobile spare parts and is headquartered
in Mumbai. The defendant purchased spare parts worth Rs.11,00,000 from the plaintiff , the same
which was delivered to the defendant at his office in Pune.

4. That the defendant issued the Cheque bearing No. 013475 dated 22.5.2014 for the sum of Rs.
11,00,000 drawn at The Federal Bank, Shivaji Nagar Pune, IFSC Code: 1432, to the plaintiff
towards the consideration of the above spare parts purchased from the plaintiff.

5. That the plaintiff presented the cheque through his own bankers, ie; The Federal Bank, Mumbai
IFSC Code: 5019, but the same was returned unpaid, on 30.5.2014 with the endorsement of
insufficiency of funds in the account of the defendant as per the remarks of the banker of the
defendant.

6. That other necessary particulars are as under for the convenience of this Hon'ble court:-

(a) Date of cheque : 22.5.2014

[b] Date of presentation : 24.5.2014 of Cheque before the Bank (within 6 months from 22.5.2014)

[c] Date of dishonour of Cheque : 30.5.2014

[d] Date of receipt of Memo of : 30.5.2014 of dishonour of cheque

[e] Date of sending of Notice : 2.6.2014 (within 30 days from 30.5.2014)

[f] Date of service of Notice : 4.6.2014

[g] Date when cause of action : 20.6.2014 arose (15 days after service on 4.6.2014)

7. That the defendant has apparently issued the cheque without caring to ensure adequate funds and
knowing fully well with the ulterior motive to cheat the plaintiff.

8. The memo to that effect was duly communicated to the plaintiff by its banker on 30.5.2014.

9. That the said cheque drawn by the defendant on an account maintained by him with the above
banker for payment of the amount of money to the plaintiff from out of that account was issued for
the discharge of the above said debt/liability.

10. The said cheque has been returned by the bank unpaid, because of the amount of money
standing to the credit of account of the defendant is insufficient to honour the cheque or that it
exceeds amount arranged to be paid from that account by an agreement made with that bank.

11. The cheque has been presented to the bank within a period of six months from the date on which
it is drawn ie; on 22.5.2014.

12. That the plaintiff in due course of the cheque, has made a demand for the payment of the said
amount of money by giving a notice in writing to the defendant within statutory period of thirty
days of the receipt of information by him from the bank regarding return of the cheque as unpaid.
The said notice was sent on the correct address of the defendant through a Registered/AD letter as
well as through UPC on 2.4.2014 and the said registered letter has been received back with the
endorsement "Unclaimed", as is evident from the endorsement of post office seal on the it which
legally is presumed to have been served as otherwise also the UPC has not been received back and
the same has been duly delivered to the defendant.

13. That the defendant has failed to make the payment of the amount of money to the plaintiff in
due course of the cheque within fifteen days of the receipt of the said notice.

14. That it is pertinent to mention here that the debt/liability, for which the cheque was issued by the
defendant to the plaintiff is a legally enforceable debt/liability.

15. The cause of action accrued to the plaintiff on 20.6.2014, when the cheque was dishonoured and
thereafter on 4.6.2014when the legal notice was sent to the defendant through Registered letter and
UPC.

16. That the plaintiff is permanently residing within the jurisdiction of this Hon'ble court and all the
correspondence from the defendants were received at his home address and the office/residence of
the defendant is located in the territory of this Hon'ble Court, hence this Hon'ble Court has each and
every jurisdiction to try and entertain this suit.

17. That the value of the suit for the purposes of jurisdiction has been fixed for Rs. 11,00,000/- and
for the purposes of recovery and correct and authorized court fee stamp of Rs. __ has been affixed
on the plaint.

18. It is, therefore, most respectfully prayed that a decree for recovery to the effect that plaintiff is
entitled to recover a sum of Rs. 11,00,000/- along with interest @ 24% wef 20.6.2014 till the date
of realisation of amount along with cost of this suit, be passed in favour of plaintiff and against the
defendants. Such other reliefs as deemed fit and proper in the facts and circumstances of the case
may also be passed in favour of the plaintiff and against the defendants in the interest of justice.

AND FOR THIS ACT OF KINDNESS, THE HUMBLE PLAINTIFF AS IN DUTY BOUND
SHALL EVER PRAY.




Cousel for plaintiff Plaintiff



VERIFICATION:



I, Adi Godrej, proprietor ABC Pvt Ltd do hereby verify that the contents of the above plaint from
paras 1 to 18 are true and correct to the best of my knowledge and belief, and no part of it is false
and nothing material has been concealed therein.

Verified at Pune this the 25
th
day of June 2014.

PLAINTIFF